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First Bellwether Trial in Federal DePuy ASR Lawsuit Litigation Scheduled to Begin after Two-Week Postponement

New York, NY (PRWEB) September 22, 2013

The first federal trial for a DePuy ASR hip lawsuit ( is scheduled to begin Tuesday in the U.S. District Court, Northern District of Ohio, Bernstein Liebhard LLP reports.

According to an Order issued September 6th by the federal judge overseeing the litigation, the trial is set to commence on September 24, 2013 at 9:00 a.m. after being postponed for two weeks pending additional discovery and further consideration of legal matters relevant to the case. The start date for this DePuy ASR hip lawsuit, which was selected to serve as the proceeding’s first bellwether trial in July, had originally been scheduled for September 9th.

Included in this case are claims filed by a Rochester, New York woman whose alleged injuries caused by the DePuy ASR metal-on-metal hip replacement forced her to undergo revision surgery to remove the device. (McCracken v. DePuy Orthopaedics Inc., et al., No. 1:11-dp-20485)

Court records indicate that over 8,000 claims filed by individuals affected by the DePuy ASR recall are now pending in the federal litigation underway in the Northern District of Ohio.

“Our Firm is representing hundreds of individuals who were allegedly injured as a result of the DePuy ASR metal-on-metal hip. We are looking forward to the start date of this trial, as it may serve as an indicator of how juries will rule in similar actions involving the DePuy ASR recall,” says Bernstein Liebhard LLP, a nationwide law firm representing individuals who have been injured by defective drugs and medical devices. The Firm is currently offering free and confidential case evaluations to anyone who may have suffered serious complications allegedly due to devices affected by the DePuy ASR recall.

DePuy ASR Recall

The DePuy ASR hip recall was issued in August 2010 after data from a United Kingdom hip registry showed annual revision rates associated with the metal implant to be unacceptably high within five years of implantation, according to the U.S. Food and Drug Administration. Court records indicate that some 11,000 lawsuits alleging pain, swelling, difficulty walking and other symptoms associated with metallosis (metal ion poisoning) have since been filed by individuals affected by the recall in the U.S.

In addition to lawsuits pending in federal court, DePuy ASR recall cases are moving forward in various state courts as well. In a proceeding underway in California Superior Court, a trial is slated to begin on October 15th (DePuy ASR HIP System Cases, No. CJC-10-004649; Calif. Super. Ct., San Francisco Cty), while another case over the DePuy ASR hip implant has been scheduled for trial in New Jersey Superior Court on October 21st. (In Re DePuy ASR Hip Implants Litigation, BER-L-3971-11)

DePuy ASR lawsuits similarly allege that the metal-on-metal hip was defectively designed by DePuy Orthopaedics, which failed to warn doctors and patients about its product’s potential to fail prematurely.

Two trials involving the DePuy ASR hip recall have already concluded. In March 2013, a jury in Los Angeles Superior Court awarded $8 million to a plaintiff whose lawyers argued that the metal hip was defectively designed by the manufacturer. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) A jury in Chicago ruled in favor of the Johnson & Johnson subsidiary a month later in a second trial over the ASR device. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County)

Individuals who allegedly experienced metallosis, premature device failure or other complications after the DePuy ASR hip recall may be eligible to receive compensation for medical bills, lost wages, pain and suffering, and other damages. Learn more about filing a DePuy ASR lawsuit by visiting Bernstein Liebhard LLP’s website. Please contact one of our attorneys for a free and confidential case review by calling 800-511-5092.

About Bernstein Liebhard LLP

Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016

ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.


Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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